Appellate Division, First Department · October 6, 2026 · 2026 NY Slip Op 05712
5 Beekman Property Owner, LLC et al. v Henick-Lane, Inc.
Read the official decision: 2026 NY Slip Op 05712
Holding The court affirmed the order requiring plaintiffs to return a settlement payment made by the defendant’s insurer based on a mistaken belief that a settlement had been reached. The court held that the voluntary payment doctrine did not apply because the insurer reserved rights and the payment was based on a mistake of material fact.
The court’s words
bars recovery of payments voluntarily made with full knowledge of the facts, and in the absence of fraud or mistake of material fact or law
2026 NY Slip Op 05712, at the official text
the payment was based on the insurer's mistake
2026 NY Slip Op 05712, at the official text
contempt may not be used to enforce the payment of a money judgment
2026 NY Slip Op 05712, at the official text
both plaintiffs jointly received and deposited the settlement check
2026 NY Slip Op 05712, at the official text
| Court | Appellate Division, First Department |
|---|---|
| Decided | October 6, 2026 |
| Citation | 2026 NY Slip Op 05712 |
| Area of law | Contracts and Commercial · Civil Procedure |
| Week | Week ending October 10, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05712 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 934 |
Recommended citation
ESQ HQ, New York Law Watch, 5 Beekman Property Owner, LLC et al. v Henick-Lane, Inc., 2026 NY Slip Op 05712 (Appellate Division, First Department, October 6, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05712/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
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